Zoning & Land Use

Upton & Hatfield is committed to providing prompt and cost-effective services to our municipal clients in the areas of zoning and land use planning, building code and zoning enforcement, subdivision and site plan review, as well as appeals.

We have represented many planning boards, zoning boards of adjustment, historic district committees, and other land use boards for decades. We believe that our long-term relationships with our municipal clients are the strongest indicators of our ability to successfully represent municipal clients in a professional and cost effective manner.

Upton & Hatfield has an extensive litigation practice defending decisions by land use boards and the adoption of zoning ordinances and representing cities and towns in code enforcement actions. In addition, we take great pride in our ability to help towns avoid the costs and risks of litigation whenever possible. Some examples of our decisions before the New Hampshire Supreme Court are listed below.

Our success and experience in municipal land use regulation is why Upton & Hatfield is repeatedly called upon to serve as special counsel when a town’s regular legal counsel is unavailable.

For further information, please check out our municipal practice group or contact us directly to learn how we can help you.

Representative Matters

  • Forster v. Town of Henniker, 167 N.H. 745 (2015)

    The Supreme Court upheld the Town’s position that a wedding center was not accessory to an agricultural use. 

  • Hannaford Bros. Co. v. Town of Bedford, 164 N.H. 764 (2013)

    The Supreme Court found that a supermarket owner did not have standing to appeal the Town’s grant of a variance to a competitor. 

  • Daniels v. Town of Londonderry, 157 N.H. 519 (2008)

    This Supreme Court decision upheld the Town’s decision to approve a cell phone tower and explored the interface of the Federal Telecommunications Act and the law of variances. 

  • Tonnesen v. Town of Gilmanton, 156 N.H. 813 (2008)

    This Supreme Court decision upheld the Town’s denial of a special exception for aircraft takeoffs and landings. 

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